Give Me Liberty: The Struggle for Self-Government in VirginiaWertenbaker, Thomas Jefferson
History
Give Me Liberty: The Struggle for Self-Government in Virginia
Wertenbaker, Thomas Jefferson
Virginia -- Politics and government -- To 1775
Though there is no evidence that Nott tried to render the Burgesses
submissive to his will by bribing them with offices, the Assembly
thought this a golden opportunity to weaken the Governor's appointive
power. Some could recall Berkeley's Long Assembly, and all had been
witnesses of the shameless way in which Nicholson had handed out jobs.
So they passed a bill requiring each county court to nominate three men,
all of them justices, from whom the Governor was to select one as
sheriff, who was to serve not more than two years. Had not Nott been so
anxious to avoid any conflict with the Assembly, he would certainly have
vetoed this bill, for not only did it restrict his power of appointment,
but it infringed upon the royal prerogative.
But he balked when the House sent up a bill to require the Governor, in
appointing the justices of the peace, to secure the assent of the
Council, or at least five of them. He thought they were going too far in
this attempt to deprive the Governor of the patronage, leave him at the
mercy of the Council and Assembly, and make him a mere figurehead. When
the Lords of Trade heard that he had vetoed this bill, they wrote
congratulating him. "The restraining Governors from making justices ...
is entrenching on prerogative, and you may be assured it will not be
approved here. In all other plantations the power of appointing and
removing justices of the peace is solely in the Governor.... But it
would be prudence in the Governor to advise for his better
information."[13]
When the Assembly met again, in April, 1706, they made a daring attempt
to weaken the Governor's power by passing a substitute law for the
famous Act of 1680 which gave a perpetual revenue to the Crown. The new
bill bore the disarming title of "An Act for raising a public revenue
for the better support of the government ... and for ascertaining the
salary of the Council." Nott apparently saw nothing alarming in it, but
Colonel Quary at once suspected that it was intended to weaken the Act
of 1680, and perhaps set a precedent which would eventually give the
House control of the revenue from the export duty on tobacco.
"These topping men" were merely waiting an opportunity to have the old
law damned, he wrote the Lords of Trade. "Had the Assembly only designed
to have augmented and added to the Queen's revenue, why could they not
make an act of it without damning and destroying the former act? And
that your Lordships may see the snake in the grass, please observe that
the Assembly are pleased to appropriate the Queen's revenue as they
think fit, a thing never pretended to before, and to limit and confine
her Majesty from disposing of her own money.... Whereas in a former act
the Queen was graciously pleased to appropriate L370 to be divided among
the Council for attendance, in this act they have ordered otherwise ...
by which they have tied up the Queen's hands from giving any part of her
bounty but according to their pleasure."[14]
Public-domain text, read in full here on John Shaqi.
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